Burrell CounselAttorney at Law

Maryland & Washington, DC

Personal Injury Representation

Maryland and the District are among the very few places that still follow contributory negligence. If you are found even slightly responsible for your own injury, you may recover nothing at all — which makes how fault is established the entire case.

Most of the country uses comparative negligence, where being partly at fault reduces what you recover. Maryland and the District do not. Here, a finding that you contributed to your own injury — even marginally — can bar recovery completely.

Why this matters immediately

Insurers know this rule and build their investigation around it. Their goal is to find any thread of responsibility on your side. That work begins within days of the incident, which is why the recorded statement they request early is rarely in your interest.

What we handle

  • Auto and truck collisions — including uninsured and underinsured motorist claims
  • Pedestrian and cyclist injuries
  • Slip, trip, and fall — premises liability
  • Wrongful death — claims brought by surviving family members
  • Injuries involving police conduct

Evidence disappears quickly

Surveillance footage is frequently overwritten within days. Skid marks fade. Vehicles get repaired or scrapped. Witnesses become difficult to locate and their memories soften. The single most useful thing an injured person can do is get someone working on preservation early — before the record of what happened is gone and the case becomes one account against another.

Talking to the other side’s insurer

An adjuster may call within a day or two, sound genuinely sympathetic, and ask for a recorded statement and a signed medical authorization. Both requests serve their investigation, not your claim. A broad medical release lets them comb your entire history for a prior condition to blame. You are generally not obligated to provide either to the other party’s insurer.

Time limits

Personal injury claims are subject to statutes of limitation, and separate — often much shorter — notice requirements apply when a government entity is involved, such as a collision with a municipal vehicle or an injury on public property. Those notice deadlines can be measured in months and are strictly enforced. If any government body may be involved, that needs to be identified immediately.

Fees

Injury cases are handled on a contingency basis: no fee unless there is a recovery. The consultation costs nothing, and if the claim is not worth pursuing, we will say so rather than take it.

Common questions

What if I was partly at fault?

Tell us early. Under contributory negligence, this is the most important fact in your case, and it is far better addressed at the outset than discovered by an adjuster later. Partial fault is also frequently disputed rather than established, and disputing it is much of the work.

Should I give the insurance company a recorded statement?

Generally not before speaking with a lawyer. Those statements are taken to find inconsistencies and admissions, and an offhand phrase given while you are in pain and on medication can follow the claim for its entire life.

How long do I have to file?

There is a statute of limitations, and shorter notice deadlines apply when a government entity is involved. Because the deadlines vary by claim type and jurisdiction, call promptly rather than assuming you have time.

Other practice areas

Talk to a lawyer before you talk to anyone else.

Consultations are free and confidential. If you have a court date, bring it — we will build the timeline around it.

☎  Call (301) 684-8261